국가유공자요건비해당결정취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Details of the disposition;
A. On February 23, 1979, the Plaintiff entered the Army and was discharged from military service on February 4, 1982. On December 12, 2011, the Plaintiff filed an application for registration with the person who rendered distinguished services to the State, asserting that “In the military service, the Plaintiff observed an accident, such as death of the captain due to mine explosion, while performing operations in the non-allied zone, and caused mental fission (hereinafter “instant wounds”).
B. Accordingly, on November 14, 2012, the Defendant rendered a non-specific decision-making measure against the requirements of a person who rendered distinguished services to the Plaintiff on the ground that “No material exists to confirm the occurrence of an accident, such as the Plaintiff’s assertion, that mental fission is a disease that occurs due to an aestheticly acquired cause, unless there are two external wounds, and there is no material to confirm such trauma on the Plaintiff’s beds, and further, there is no objective record to recognize that the Plaintiff received excessive physical or mental stress beyond the scope of general military service, compared to other rates, on the ground that the Plaintiff’s military service does not recognize a proximate causal relation that the instant difference occurred or aggravated.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 8-1, 2, Eul evidence Nos. 1 and 5, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion is that the Plaintiff suffered from mental illness such as mental fission before entering the hospital, or did not receive treatment for such disease, and there was no family history for the said disease. After entering the hospital, the Plaintiff was unable to adapt to military life due to the Plaintiff’s low intelligence and resistant nature, such as bullying and bullying due to harsh treatment, etc., and was unable to adapt to military life on April 1981, while performing operations in the Modern zone, and the Plaintiff died due to explosion of mines, and the same decentralization is injured.